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When an Indictment is Required. The Fifth Amendment to the United States Constitution provides that prosecutions for a capital, or otherwise infamous crime must be instituted by a presentment or indictment of a Grand Jury.. See Ex Parte Wilson, 114 U.S. 417, 427 (1885); United States v. Wellington, 754 F.2d 1457, 1462 (9th Cir.), cert.
A grand jury indictment is a formal, written charge issued by a grand jury in a criminal case. Typically, the jury is charged with determining whether enough evidence exists to charge a suspect with a criminal offense.The jury usually consists of 12 average people who are randomly selected.n most grand jury indictment proceedings, a prosecutor presents evidence in the form of witness testimony. As a general rule, the prosecutor can subpoena any potential witness to provide testimony without showing that the witness is likely to have relevant information about the crime.